Legal Opinion

Hogan v. Missouri, Kansas & Texas Railway Co.

Texas Supreme Court

Decided December 2, 1895No. 352PublishedCited by 22 opinions

Error to Court of Civil Appeals for Third District, in an appeal from Williamson County. Hogan filed suit in the District Court December 5, and service of citation was had December 6, 1893. The petition claimed “$15,000 actual damages for personal injuries sustained by him in a collision between two trains of the defendant’s railway, he being an engineer in the employ of the railway company, and in charge of one of the engines at the time of the collision; and that the…

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Error to Court of Civil Appeals for Third District, in an appeal from Williamson County. Hogan filed suit in the District Court December 5, and service of citation was had December 6, 1893. The petition claimed “$15,000 actual damages for personal injuries sustained by him in a collision between two trains of the defendant’s railway, he being an engineer in the employ of the railway company, and in charge of one of the engines at the time of the collision; and that the collision was caused by negligence on part of the railway company in issuing telegraphic orders for the movement of the…

1Opinion of the Court

BROWÑ, Associate Justice.

—James F. Hogan sued the Missouri, Kansas & Texas Railway Company of Texas, in the District Court of Williamson County, to recover damages alleged to have been received by him while in its employ, on September 24, 1893. The petition alleged, that Hogan was a locomotive engineer on a train of defendant running from Houston to Taylor. That he had orders to pass a certain train at Bastrop, and upon arriving at Smithville he received other orders, directing him to pass the same train at Taylor. Upon arriving at Bastrop, in obedience to the last order, he proceeded on his…

2Cases cited2 opinions

  1. St. Louis & San Francisco Railway Co. v. WoolumTexas Supreme Court · 1892
  2. Brown v. Abilene National BankTexas Supreme Court · 1888

3Cited by22 opinions

  1. Davis v. HillTexas Commission of Appeals · 1927
  2. Ware v. JonesTexas Commission of Appeals · 1922
  3. International & Great Northern Railroad v. SandlinCourt of Appeals of Texas · 1909
  4. American Freehold Land Mortgage Co. of London, Ltd. v. BrownCourt of Appeals of Texas · 1909
  5. El Paso Electric Ry. Co. v. ShakleeCourt of Appeals of Texas · 1911

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